Search Results: Aboriginal and Torres Strait Island peoples

With idealism and pragmatism, I invite you criminal lawyers in the next 30 years to imagine and enact a better criminal justice system which alleviates rather than exacerbates the devastating effects of colonisation and marginalisation on Indigenous Peoples, and most particularly their children. An intelligently designed criminal justice system must help secure the foothold of Indigenous children in both the Market and the Dreaming.

This is the scandalous state of Indigenous affairs in Australia. Aboriginal and Torres Strait Islander people and their communities literally face a life and death struggle against the state itself. These are not isolated incidents. They represent the intrinsic failure of our society to heed the concerns of communities themselves, and to engage with fellow citizens in a dignified and respectful way. The failure is so grave that state treatment meted out to Indigenous Australians is actively harmful on a large scale.

Oliver Twist is still used to aid understanding of the trauma arising from poverty, and the suffering of children at the hands of individuals and within institutional settings. In broader Australian society we assume Dickensian attitudes to children have evolved. Aligned with the sentiments behind child protection, society's image of children and childhood is idyllic. Yet beneath this veneer lies a substratum of deeply ambivalent, even malevolent, attitudes towards children with a distinctly Dickensian flavour.

The 4 Corners report into the treatment of children in a NT juvenile justice facility is a stark and grotesque demonstration of state abuse of power. As a result John Elferink, NT Corrections Minister, has been sacked, and the Prime Minister has announced a royal commission into the actions at Don Dale. This is a good start, but there is much more to be done. We need to question a culture that willingly imprisons the most vulnerable, and puts up with a system where not all are equal before the law.

Next year marks the 50th anniversary of the amendment to the Constitution which took out the adverse references to Aborigines. Following our recent election, we are assured at least six, and possibly seven, members of our national parliament who proudly claim an Aboriginal or Torres Strait Islander heritage. They are represented in all parties and none. How good it would be if our elected Aboriginal politicians could come together across party lines and propose an amendment to the Constitution which recognises them.

I once knew of a boy whose birth was not registered. His parents believed this would free him from the strictures of the state: his life would be truly private. But it would leave this boy without the trappings of citizenship that we take for granted. Privacy is likely to become something that we can purchase if we have sufficient wealth. Those without enough wealth will be left exposed through both state and corporate surveillance. We will have an 'underclass' without the choice of privacy at all.

For the first time ever, I got the sense that political views on the importance of Indigenous issues had shifted. It was not due to an increase in Indigenous voices in the political discussions nor was it because either of the major parties announced a policy which I found remotely inspiring. Rather it was because, under the glare of the camera, the leaders of the two major parties both attempted to show a greater understanding of the Indigenous political agenda than they have before.

Across the political spectrum, Australia's major and minor parties are failing to reflect the multicultural Australia of the 21st century. We have fallen far behind similar nations like Canada, who elected 19 Indian-Canadians alone, and ten indigenous parliamentarians, at their last election. Who we elect to our parliament is not just about the gesture, it is also a reflection of where power lies within our society, and whose voices are given the space to be heard to represent the community.

Until the 1940s, bodies of deceased Aboriginal and Torres Strait Islander people were sent to museum, scientific, and private collections around the world. The remains of more than 1000 Aboriginal and Torres Strait Islander Australians continue to be held overseas in collections. Indigenous Australians have worked tirelessly towards repatriation, and there has been some success in recent decades. Unfortunately, the remains tend to fall into a grey area of Australian law.

When politicians and journalists speak about 'health' in an election context, they invariably are referring to healthcare, and usually hospitals at that. However, the health of individuals and communities is the result of many factors, of which access to healthcare is just one determinant. Climate change - the defining issue for public health this century, according to the World Health Organization's outgoing director general Dr Margaret Chan - barely figures in election health debate.

Newly appointed Senator for Western Australia, Pat Dodson, in his first week on the job, raised the thorny political question of treaty. I see the need for both treaty and constitutional reform, which support each other in promoting justice for Aboriginal and Torres Strait Islander Australians. But the limitations of my understanding are both that I am a lawyer, and that I am not an Indigenous Australian. I need to heed the diverse voices of Indigenous Australia in understanding what is truly at stake.